A high court in the federal capital is set to take a strategic decision on the suits filed by the PDP governor in Kogi state as well as the APC chieftain Abiodun Faleke as they both go head to head for the governorship seat.
A Federal High Court in Abuja will today resolve the dispute arising from the November 21 governorship election in Kogi State, according to the Nation.
Judgment will be delivered in five suits arising from the disagreement over the poll declared inconclusive by the Independent National Electoral Commission (INEC). The court will among others, decide whether or not INEC could proceed with its planned supplementary election scheduled for tomorrow.
Justice Gabriel Kolawole gave the indication yesterday after taking arguments from parties in the five cases which, with the agreement of lawyers in the cases, he consolidated and heard together.
The cases included the one filed by the Deputy Governorship candidate of the All Progressives Party (APC), James Abiodun Faleke, marked: FHC/ABJ/CS/977/2015, where he faulted the decision by INEC to declare the election inconclusive; asked the court to among others compel INEC to declare his joint ticket with the late Abubakar Audu, winner of the election and to restrain it (INEC) from proceeding with its planned supplementary election.
The second suit marked: FHC/ABJ/CS/962/2015, is by Governor Idris Wada and candidate of the Peoples Democratic Party (PDP) and his party where they want the court to compel INEC to declare Wada winner of the election, on the grounds that he is the only surviving candidate in the election who scored the second highest votes after the late Audu, the APC candidate.
The third suit marked: FHC/ABJ/CS/973/2015 was filed by Emanuel Daiko, who claimed to have contested the election as a candidate of the People for Democratic Change (PDC) and wants the court to among others hold the supplementary election is illegal, prevent APC from substituting its deceased candidate and to prevent APC from participating in the election on the grounds that it no longer has a candidate.
The fourth marked: FHC/ABJ/CS/958/2015, filed by Raphael Igbokwe (a PDP member of the House of Representatives from Imo State) and Stephen Wada Omaye wants the court to annul the election and conduct a fresh one. It has INEC and APC as defendants.
The fifth suit marked: FHC/ABJ/CS/952/2015 was filed by a Johnson Jacob Usman (who claimed to be an indigene of the state, a registered voter and a lawyer). He seeks among others, to compel INEC to suspend all actions in relation to the election pending the determination of the suit and a declaration that the election ought to be cancelled. It has the AGF and INEC as defendants.
Before entertaining arguments from parties, the court joined the APC’s substitution for Audu, Yahaya Bello and the African Democratic Congress (ADC) as defendants in the case.
Arguing yesterday, Faleke’s lawyer, Wole Olanipekun (SAN) stated that the court possessed the jurisdiction to resolve all issues raised in his client’s case. He said the case was not one for electoral tribunal because the plaintiff only requested the court to apply constitutional provisions in determining the various questions.
He argued that it was a provision of the Constitution that where a principal dies in an election contested with a joint ticket, the constitutional vested interest inures to the benefit of the running mate.
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